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HomeMy WebLinkAbout2008_02_13 Planning Board Minutes 02 13 2008 minutes Page 1 ,,.'-, Town of Mamaroneck Planning Board sit Town of Mamaroneck Planning Board Minutes February 13, 2008 Present: Marc Rosenbaum, Chair C. Alan Mason, John A. Ortiz Ellen Dunkin Virginia Picciotto George Roniger Edmund Papazian Also Present: Ron Carpaneto, Director of Building Kevin G. Ryan, Counsel Nancy Seligson, Liason Jonathan Avelieno, P.E Elizabeth Paul, Environmental Coordinator Wanda Spevadula, Public Stenographer Carbone&Associates, LTD. 111 N. Central Park Avenue Hartsdale, New York 10530 Francine Brill, Recording Secretary 1. Minutes Postponed to the end of meeting 2. Nordone and Sons Auto Body, Inc. PUBLIC HEARING On Motion of C. Alan Mason, seconded by Ellen Dunkin, the Planning Board voted to open a Public Hearing in the matter of the application of Nordone and Sons Auto Body Inc, to renew its special permit. Jim Wecci shop manager appeared and addressed the Board, stating that the applicant is seeking only to renew the existing special use permit. Ronald Carpaneto the Director of Building stated that there have been no violations at the business during the effective period of the existing special permit. There were no comments from the public. The Board discussed the current Special use permit and made corrections to bring it up to date. On motion of John Ortiz, seconded by C. Alan Mason the Board voted to close the Public Hearing. 02 13 2008 minutes Page 2 The Chair asked for a motion incorporating the changes discussed. On motion of C. Alan Mason, seconded by Edmund Papazian the Special Use Permit Renewal for Nordone and Sons was APPROVED unanimously 7-0. CERTIFICATION As Chairperson of the Planning Board of the Town of Mamaroneck, I hereby certify that the following is the Resolution adopted by the Planning Board at the meeting held on February 13, 2008. SPECIAL USE PERMIT RENEWAL—NORDONE &SONS AUTO BODY, INC. WHEREAS, Nordone & Sons Auto Body, Inc. submitted an application for a Special Use Permit Renewal for use of the premises at 2430 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 503, Lot 421 to perform auto body and fender repair; and WHEREAS, this is a Type II action having no significant impact on the environment pursuant to 6 NYCRR§ 617 et seq., requiring no further action under SEQRA. WHEREAS, a Public Hearing was held on February 13, 2008 pursuant to notice; and WHEREAS, the Planning Board having considered the application for the Special Use Permit Renewal, the plans and environmental analysis submitted by the applicant, comments and responses to questions by the applicant, comments of the Consulting Engineer to the Town and having heard interested members of the public; NOW, THEREFORE, BE IT RESOLVED that this Board makes findings of fact as follows: 1. The proposed use as limited by the conditions set forth herein is in general harmony with the surrounding area and shall not adversely impact upon the adjacent properties due to traffic generated by said use or the access of traffic from said use onto or off of adjoining streets. 2. The operations in connection with the Special Use Permit Renewal will be no more objectionable to nearby properties by reason of noise, fumes, vibrations, flashing of lights or other aspects than would be the operations of any other permitted use not requiring a Special Use Permit Renewal. 3. The proposed Special Use Permit Renewal use will be in harmony with the general health, safety and welfare of the surrounding area by the nature of its particular location. It will not adversely impact upon surrounding properties or surrounding property values. BE IT FURTHER RESOLVED, that this Board APPROVES the application of Nordone & Sons Auto Body, Inc. for a Special Use Permit Renewal for an automobile repair facility performing auto body and fender repair at the premises located at 2430 Boston Post Road subject to the terms and conditions set forth below: 1. Services on the premises shall be limited to auto body and fender repair. No repairs requiring breakdown of the motor, transmission or universal joint shall be permitted. Repairs to the electrical system shall not be performed, except as related to accidents and loss. 02 13 2008 minutes Page 3 2. All heavy work shall be done on the upper level and only sanding, painting, polishing and reassembly of vehicles shall be performed on the lower level. 3. The applicant agrees to provide and maintain the pollution control services and activities as previously set forth in a memorandum from the Coastal Zone Management Commission, dated December 5, 1990, and such activities shall constitute conditions of this Special Permit. 4. Hours of operation shall be from 8:00 a.m. to 7:00 P.m. Monday through Saturday. No noise emanating from inside the building shall be audible outside the building. Drop-off and pickup shall be permitted outside of these hours. 5. There shall be no externally audible public address system, bullhorns or walkie-talkies on the premises. 6. All lights, except for security lighting, shall be turned off when the premises are vacated for the evening. 7. All lights for the driveway and parking area shall be directed towards the building. 8. All doors shall be kept closed while work is in progress, except for times when the vehicles are moving in and out of the building. All work shall be performed inside the building. 9. The applicant shall maintain and use reasonably available odor control technology. 10. The applicant shall promptly furnish current copies of all required permits and renewals or replacements thereof to the Building Department in the event that any permit is revoked or lapses, for any reason. 11. The applicant shall use a containment tracking material in the exterior drains ("pig mat" or equivalent) and shall have the mats collected by an approved toxic waste removal company. In addition, the application shall place a small piece of absorbent material in the interior floor drain to collect any pollutants before they enter the sanitary sewer system. 12. The applicant shall maintain all necessary permits from the Westchester County Department of Health and the New York Department of Environmental Conservation relating to air pollution emissions, waste disposal and spray painting processes. 13. This Special Use Permit is subject to the termination requirements set forth in Section 240-64 and 240-65 and the use restrictions set forth in section 240-31 of the Zoning Code of the Town of Mamaroneck. 14. This Special Use Permit shall expire after two (2)years. 3. VILLAGE SQUARE BAGEL PUBLIC HEARING Motion was made and seconded to open a public hearing in the matter of the application of Village Square Bagels to renew its special permit. 02 13 2008 minutes Page 4 John Mercaldi of Village Square Bagels appeared and addressed the Board requesting a renewal of the Special use permit for the bagel shop at 1262 Boston Post Road. Planning Board Chair Marc Rosenbaum questioned whether there is still a problem with seeds clogging the sewer drains. Ronald Carpaneto the Director of Building, stated that this problem has been resolved. Virginia Picciotto questioned the traffic pattern and requested that a condition be added to the certification that trucks used and controlled by the applicant only use Boston Post Road for ingress and egress. The Board suggested that the problem of trucks not controlled by the applicant traveling on Burton Road should be addressed by the traffic committee. On motion of Ellen Dunkin, seconded by John Ortiz the Board voted to close the public hearing. On motion of Ellen Dunkin, seconded by C. Alan Mason the following resolution was proposed and ADOPTED unanimously. CERTIFICATION As Chairperson of the Planning Board of the Town of Mamaroneck, I hereby certify that the following is the Resolution adopted by the Planning Board at the meeting held on February 13, 2008. SPECIAL USE PERMIT RENEWAL—VILLAGE SQUARE BAGELS WHEREAS, Village Square Bagels. submitted an application for a Special Use Permit Renewal for use of the premises at 1262 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 407, Lot 192 as a restaurant for the sale, services and consumption of food; and WHEREAS, a Public Hearing was held on February 13, 2008 pursuant to notice; and WHEREAS, Planning Board has considered the application for renewal of the Special Use Permit, the plans and environmental analysis submitted by the applicant, comments and responses to questions by the applicant, the reports and comments of the consulting Engineer to the Town and heard interested members of the public; and WHEREAS, Village Square Bagels previously cooperated with the Director of Building to remedy the problem of seeds discharged from its operations contributing to the clogging of the sewer lines described above; and, WHEREAS, Village Square Bagels installed a filtering device designed by the Director of Building to collect such seeds, to the extent practicable, in order to reduce the discharge of such into Town sewer lines; and WHEREAS, the Director of Building has inspected said filter and has indicated to the Planning Board that the filter appears to have reduced the amount of seeds that are discharged by Village Square Bagel's operations into the Town sewer lines; 02 13 2008 minutes Page 5 WHEREAS, this is a Type II action having no significant impact on the environmental pursuant to 6NYCRR§617 et seq. Accordingly, no further action under SEQRA is required. NOW, THEREFORE, BE IT RESOLVED, that the Board adopts a Negative Declaration, a copy of which is annexed hereto. NOW, THEREFORE, BE IT RESOLVED that this Board makes findings of fact as follows: 1. The proposed use as limited by the conditions set forth herein is in general harmony with the surrounding area and shall not adversely impact upon the adjacent properties due to traffic generated by said use or the access of traffic from said use onto or off of adjoining streets. 2. The operations in connection with the Special Use Permit Renewal will be no more objectionable to nearby properties by reason of noise, fumes,vibrations, flashing of lights or other aspects than would be the operations of any other permitted use not requiring a Special Use Permit Renewal. 3. The proposed Special Use Permit Renewal use will be in harmony with the general health, safety and welfare of the surrounding area by the nature of its particular location. It will not adversely impact upon surrounding properties or surrounding property values. BE IT FURTHER RESOLVED, that this Board APPROVES the application of Village Square Bagels. for the renewal of a Special Use Permit Renewal for a restaurant for the sale, service and consumption of food subject to the following terms and conditions: 1. The restaurant's hours of operation shall be from 6:00 a.m. to 9:00 p.m. seven (7)days a week. 2. Seating capacity will be limited to nineteen (19)seats 3. Village Square shall continue to utilize the filtering device currently in place to reduce, to the extent practicable, the discharge of seeds and other by-products of its operations into the Town's sewer lines. 4. Village Square Bagels shall cooperate with the Director of Building in making any modifications to such filtering device as may be appropriate from time to time and to the extent practicable to maintain and/or improve its effectiveness or, if appropriate in the sole judgment of the Director of Building, to remove such device subject to applicable Federal, State and local regulations. 5. Traffic ingress and egress and traffic patterns on the site shall be shown on the amended plans dated May 18, 1997, approved November 12, 1997. Trucks used and controlled by Village Square Bagels shall enter and exit by Boston Post Road only. 6. Permit shall expire after two (2)years. 7. This Special Use Permit is subject to the termination requirements set forth in Section 240-64 and 240-65 and the use restrictions set forth in Section 240-30 of the Zoning Code of the Town of Mamaroneck. 3. STEVEN EMANUEL (adjourned 1/9/08) 02 13 2008 minutes Page 6 Leonard Brandes applicant's architect appeared and addressed the Board. Mr. Brandes acknowledged that a stop work order was issued. He stated that, as requested by the Board, a silt fence has been installed in accordance with the specifications of the Director of Building. Mr. Brandes stated that the applicant appeared before the Coastal Zone Management Commission on January 22, 2008. A February 1, 2008 letter from the CZMC was made part of the record before the Board. The Board stated its concern is that all necessary and practical steps must be taken to prevent any silt from entering the Sheldrake River East Branch and questioned what steps the applicant is taking. Mr. Brandes stated that the applicant will use hay bales to prevent more erosion. The CZMC recommends that the applicant be required to repair any damage caused to the wetland buffer area by restoring the disturbed area immediately and to mitigate any further impacts on the wetland area, a five foot buffer of native wetland vegetation should be planted along the edge of the lawn and pond. The Board stated that it and the Town Engineer require plans showing the plantings that will be placed in the five foot buffer before it can reach a decision. The Board stated that it realizes that the applicant has cleaning up to do, counsel Kevin G. Ryan, stated that the Board can allow the applicant to do clean up with the Director of Building's approval. Counsel Ryan stated that the standard according to which Planning Board may issue a wetland permit are set forth at Town Code Section 114.7D. Mr. Rosenbaum stated that he would like to ask the Town Engineer to review the application and to address these requirements in a report stating, among other things, whether that there are reasonable alternatives to the proposed action. Mr. Emanuel stated that he wanted permission to immediately clear the pile of debris and lay patio, waiting to plant sod until after the town approves a remediation plan. The Board stated that it would prefer not to allow any work on the main project to proceed until it sees the applicant's proposed planting plan to restore the wetland buffer, receives the report of the Town Engineer, concludes a public hearing on the application, and issues a decision with regard to the wetland permit. However, the Board agreed that, if Town Engineer reviews the situation and determines that laying all or a portion of the flagstone patio will alleviate the problem of soil erosion affecting surface waters, the Director of Building may allow such limited work to proceed while action on the wetland permit is pending. Elizabeth Paul Environmental Coordinator stated that the lawn should be seeded as soon as possible in any case. 02 13 2008 minutes Page 7 The Board suggested that the applicant meet with the Director of Building and the Town Engineer to review plans to stop the erosion, including evaluation of the applicant's claim that the patio work will alleviate this problem.. There were no comments from the public. The matter was adjourned to the March 12 2008 meeting. 4. FCD Mamaroneck LLC Joel Sachs from the law firm of Keane and Beane appeared and addressed the Board on behalf of the applicant FCD Mamaroneck. Mr. Sachs stated the applicant had requested from the Town Board an amendment to the Special Permit to extend the time to file for a building permit from 4/18/08 to 4/18/2011. Mr. Sachs noted that the Town Code requires that the Town Board obtain an advisory opinion from the Planning Board before holding a public hearing concerning the requested amendment. Mr. Sachs stated that the requested extension is required because at the present time financing is difficult to obtain. The project plans and conditions would otherwise remain as previously approved. Bryan Oss FC Residential stated that due to turmoil in the financial markets, underwriting standards have become more strict. He added that the applicant remains committed to move forward with the project. Mr. Oss confirmed that the applicant is committed to moving forward with construction of the public parking deck in the spring of 08. Plans of the parking deck have been submitted to the Town for review. William Maker Jr., Town Attorney stated that the Town Board will extend the start of the construction for the building but will require the parking deck construction to be started. Mr. Oss stated that the delay in overall project financing will not affect financing of the parking deck construction. Counsel Ryan stated that according to Town Code 177 the Board can waive certain information requirements of Chapter 177, such as the need for advisory opinions of other agencies, but must state the reasons for such a waiver. Mr. Sachs concurred that in his opinion a waiver of referrals of the present application to other agencies of the Town and other jurisdictions is permissible under Chapter 177 in this case, and that the applicant has no objection to the waiver. On Motion of Edmund Papazian, seconded by C. Alan Mason the Board voted unanimously to provide an affirmative advisory opinion to the Town Board to amend the Special Permit by extending the date to file for a building permit to April 18, 2011 02 13 2008 minutes Page 8 and to extend the deadline for obtaining a building permit to October 18, 2011. The vote was 7-0. RESOLUTION Adopted by the Town of Mamaroneck Planning Board At a meeting held on February 13, 2008. FCD MAMARONECK LLC SPECIAL PERMIT AMENDMENT ADVISORY OPINION WHEREAS, on October 18, 2006, FCD Mamaroneck LLC (the "Applicant") was granted a special permit (the "Special Permit") by the Mamaroneck Town Board in accordance with Section 240-25.F of the Mamaroneck Town Code (the "Town Code"); WHEREAS, the Special Permit requires the Applicant to file an application for a building permit no later than April 18, 2008, and further requires the Applicant to obtain such building permit no later than October 18, 2008; WHEREAS, the Applicant has requested that the Town Board amend the Special Permit by extending the dates to April 18, 2011 for filing a building permit application and to October 18, 2011 to obtain such building permit; WHEREAS, Town Code Section 240-25.F. requires that the Town Board obtain the advisory opinion of the Planning Board in connection with an application for a special permit under that section; WHEREAS, the Town Board has requested such advisory opinion by means of a January 25, 2008 Memorandum of Town Attorney William Maker, Jr. addressed to the Chairman and Members of the Planning Board; WHEREAS, Attorney Maker's January 25 letter included a copy of a January 17, 2008 letter from the Applicant's attorney Joel Sachs to the Town Supervisor and the Town Board; WHEREAS, Town Code Section 240-25.F.(3) gives the Planning Board discretion as to whether to hold a public hearing in connection with the 240-25.F referral from the Town Board; WHEREAS, Town Code Section 240-25.F(e) requires that the Planning Board review a proposed 24-25.F application in accordance with Town Code Chapter 177; WHEREAS, Town Code Section 177-17 provides the Planning Board with the discretion to waive certain information requirements of Chapter 177; 02 13 2008 minutes Page 9 WHEREAS, Mr. Sachs and Mr. Brian Oss appeared on the behalf of the Applicant before the Planning Board on February 13, 2008, at which time the Planning Board considered their statements as well as the written materials previously provided; WHEREAS, the January 17, 2008 letter from the Applicant's attorney states that the project would remain "exactly as previously approved" and that all prior traffic and other studies undertaken by the Applicant "are still valid;" WHEREAS, representatives of the Applicant appeared before the Planning Board and explained that the current crisis in the lending industry has temporarily interfered with project funding; WHEREAS, the Town Board attorney has advised the Planning Board that the Town Board has advised the Applicant that it must satisfy the condition of the Special Permit which requires the Applicant to construct a public parking deck in Parking Lot#3as soon as possible as a condition to the granting of any extension to the time periods under the Special Permit; WHEREAS, the Applicant's representatives testified before the Planning Board that the credit issues affecting the larger project will not prevent the Applicant from constructing the public parking deck on an expeditious basis; WHEREAS, the Applicant's representatives stated to the Planning Board that the Applicant is committed to the immediate construction of the public parking deck detailed in the project plans despite the delay in constructing the main building; WHEREAS, this project was recently the subject of an extensive review process involving the Town Board, the Planning Board and other agencies of the Town and Westchester County; WHEREAS, the requested amendment is of a de minimis nature in that it will only extend the date for obtaining a building permit and will not change the construction plans and special permit conditions for the project ; WHEREAS, the Town Board has scheduled a public hearing for this application to take place on March 5, 2008; WHEREAS, the Applicant's attorney and other representative at the February 13, 2008 Planning Board meeting stated on the record that the Applicant concurs in the view that in the present circumstances the Planning Board may exercise its discretion under Town Code Section 177-17 to decline to hold a public hearing in the matter and waive the requirement to obtain advisory opinions from other agencies of the Town and County of Westchester, prior to offering the advisory opinion of the Planning Board to the Town Board; 02 13 2008 minutes Page 10 NOW, THEREFORE, BE IT RESOLVED, that in accordance with Town Code, Section 240-25.F(3), the Planning Board hereby waives a public hearing concerning the proposed special permit amendment; and be it FURTHER RESOLVED, that in accordance with Town Code Section 177-17, the Planning Board waives the requirement to obtain advisory opinions of other Town and County agencies with respect to this de minimis action; and be it FURTHER RESOLVED, that, based on its careful consideration of the above- mentioned written submissions and of the oral testimony presented at its regular meeting of February 13, 2008, it is the opinion of the Planning Board that the requested special permit amendments extending the date by which the Applicant must apply for a building permit from April 18, 2008 to April 18, 2011 and extending the date by which the Applicant must obtain a building permit from October 18, 2008 to October 18, 2011 should be granted by the Town Board, provided that, (i) notwithstanding these extensions, the Applicant be required to construct the aforementioned public parking deck as soon as possible without any contingency for the procurement of financing, and further provided that, (ii) the previously granted special permit, including all plans and conditions thereto, not be changed in any other respect as part of this action. Nancy Seligson as Liaison will verbally inform the Town Board of the Planning Boards decision. 5. PROPOSED LOCAL LAW William Maker Jr. requested an adjournment of this item to March 12, 2008. MINUTES On motion of John Ortiz, seconded by C. Alan Mason the minutes of January 9, 2008 were unanimously approved 7-0. ADJOURNMENT Motion to adjourn at 9:15p.m.. If anyone wishes to review the audio tape of the meeting of February 13, 2007, it will be available at the Building department, after the certification is signed by the chairman and filed with the Town Clerk. Francine M. Brill Secretary to the Planning Board